BILL NUMBER: AB 1792	CHAPTERED  09/19/00

	CHAPTER   524
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 18, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   JUNE 12, 2000
	AMENDED IN ASSEMBLY   MAY 26, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly Member Villaraigosa
   (Coauthors:  Assembly Members Alquist, Aroner, Bates, Correa,
Dutra, Florez, Havice, Knox, Longville, Lowenthal, Margett, Mazzoni,
Nakano, Strickland, Washington, and Zettel)
   (Coauthor:  Senator Soto)

                        JANUARY 26, 2000

   An act to amend Sections 4461, 4463, 5007, 22511.55, and  22511.59
of, and to add Section 1825 to, the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1792, Villaraigosa.  Vehicles:  disabled persons' parking:
violations:  fines and penalties.
   (1) Existing law authorizes any disabled person or disabled
veteran displaying special identification plates, as specified, or a
distinguishing placard, as specified, to park for unlimited periods
in certain zones.  It is a misdemeanor for any person to whom the
special identification plates or distinguishing placard has been
issued to lend the placard to any person or knowingly permit the use
for parking purposes of the placard or plates by one not entitled to
it or for any person to use a placard or plates not issued to him or
her except for the purpose of transporting disabled persons.
   This bill would specify a $250 minimum fine for the misdemeanors
described above, thus imposing a state-mandated local program by
increasing the level of services imposed upon the courts.
   (2) Existing law requires the applicant for a permanent or
temporary distinguishing placard to submit to the Department of Motor
Vehicles a certificate signed by a physician or other authorized
person substantiating the disability, except as specified, and
authorizes the department to require an applicant for the special
identification plates to submit the substantiating certificate.  It
is a misdemeanor for any person to knowingly make any false statement
or knowingly conceal any material fact in any document filed with
the department.  It is a felony for any person to forge, counterfeit,
or falsify, or utter, publish, pass, or attempt to pass, as true and
genuine, any false, altered, forged, or counterfeited special
license plate or permit, among other things, issued under the Vehicle
Code.
   This bill would require the department to require applicants for
the special plates to submit the substantiating certificate, except
as specified.
   The bill would require the physician or other person who signs the
certificate to maintain information sufficient to substantiate that
certificate and, upon request of the department, make that
information available for inspection by the Medical Board of
California.  Because a violation of this requirement would be
punishable as an infraction under the Vehicle Code, the bill would
impose a state-mandated local program by creating a new crime.
   (3) The bill would make certain technical, nonsubstantive changes.

   (4) The bill would  authorize the Department of Motor Vehicles to
conduct an annual, random audit of applications submitted and
processed by the department to verify the authenticity of the
certificates and information.  This  authorization would only apply
to those applications that were initially submitted to the department
after January 1, 2001.
   (5) The bill would set forth legislative intent with regard to the
disabled placard program.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  It is the intent of the Legislature that the Department
of Motor Vehicles do all of the following:
   (a) In cooperation with the Medical Board of California, the
Department of Rehabilitation, and the Department of Aging, undertake
necessary measures to strengthen the disabled person or disabled
veteran distinguishing placard application and certification
processes and review existing policies and procedures governing the
investigation of placard misuse and fraud.
   (b) Update disabled person or disabled veteran distinguishing
placard forms and program publications to ensure that applicants are
aware of their rights and responsibilities with respect to the proper
use of those placards and the penalties imposed for fraudulently
obtaining or misusing placards.
   (c) Update its driver handbook publications and driver tests to
ensure that the public is provided adequate information as to the
appropriate use of designated parking spaces for the exclusive use of
vehicles that display special identification plates or placards and
the penalties imposed for violations of those provisions.
   (d) Conduct education outreach programs in concert with the
disability community, senior organizations, and medical providers, in
order to inform persons of the disabled person or disabled veteran
distinguishing placard application and medical certification
processes and the relating statutes, policies, and procedures
governing placard misuse and fraud.
  SEC. 1.5.  Section 1825 is added to the Vehicle Code, to read:
   1825.  (a) The department may conduct an annual, random audit of
applications submitted and processed pursuant to Section 22511.55 or
subdivision (b) or (c) of Section 22511.59 to verify the authenticity
of the certificates and information submitted in support of those
applications.
   (b) The audit provisions of subdivision (a) only apply to those
applications that were initially submitted to the department after
January 1, 2001.
  SEC. 2.  Section 4461 of the Vehicle Code is amended to read:
   4461.  (a) No person may lend any certificate of ownership,
registration card, license plate, special plate, validation tab, or
permit issued to him or her if the person desiring to borrow it would
not be entitled to its use, nor may any person knowingly permit its
use by one not entitled to it.
   (b) No person to whom a disabled person placard has been issued
may lend the placard to any other person, nor may any disabled person
knowingly permit the use for parking purposes of the placard or
identification license plate issued pursuant to Section 5007 by one
not entitled to it.  A person to whom a disabled person placard has
been issued may permit another person to use the placard only while
in the presence or reasonable proximity of the disabled person for
the purpose of transporting the disabled person.  A violation of this
subdivision is a misdemeanor, punishable by a fine of not less than
two hundred fifty dollars ($250) nor more than one thousand dollars
($1,000), or by imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment.
   (c) Except for the purpose of transporting disabled persons as
specified in subdivision (b), no person may display any disabled
person placard that was not issued to him or her or that has been
canceled or revoked pursuant to Section 22511.6.  A violation of this
subdivision is a misdemeanor, punishable by a fine of not less than
two hundred fifty dollars ($250) nor more than one thousand dollars
($1,000), or by imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment.
   (d) Notwithstanding subdivisions (a), (b), and (c), no person
using a vehicle displaying a special identification license plate
issued to another pursuant to Section 5007 may park in those parking
stalls or spaces designated for disabled persons pursuant to Section
22511.7 or 22511.8, unless transporting a disabled person.  A
violation of this subdivision is a misdemeanor, punishable by a fine
of not less than two hundred fifty dollars ($250) nor more than one
thousand dollars ($1,000), or by imprisonment in the county jail for
not more than six months, or by both that fine and imprisonment.
   (e)  For the purposes of subdivisions (b) and (c), "disabled
person placard" means a placard issued pursuant to Section 22511.55
or 22511.59.
  SEC. 3.  Section 4463 of the Vehicle Code is amended to read:
   4463.  (a) Every person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a felony and
upon conviction thereof shall be punished by imprisonment in the
state prison for 16 months, two or three years, or by imprisonment in
the county jail for not more than one year:
   (1) Alters, forges, counterfeits, or falsifies any certificate of
ownership, registration card, certificate, license, license plate,
device issued pursuant to Section 4853, special plate, or permit
provided for by this code or any comparable certificate of ownership,
registration card, certificate, license, license plate, device
comparable to that issued pursuant to Section 4853, special plate, or
permit provided for by any foreign jurisdiction, or alters, forges,
counterfeits, or falsifies the document, device, or plate with intent
to represent it as issued by the department, or alters, forges,
counterfeits, or falsifies with fraudulent intent any endorsement of
transfer on a certificate of ownership or other document evidencing
ownership, or with fraudulent intent displays or causes or permits to
be displayed or have in his or her possession any blank, incomplete,
canceled, suspended, revoked, altered, forged, counterfeit, or false
certificate of ownership, registration card, certificate, license,
license plate, device issued pursuant to Section 4853, special plate,
or permit.
   (2) Utters, publishes, passes, or attempts to pass, as true and
genuine, any false, altered, forged, or counterfeited matter listed
in subdivision (a) knowing it to be false, altered, forged, or
counterfeited.
   (b) Every person who, with intent to prejudice, damage, or
defraud, commits any of the following acts is guilty of a
misdemeanor, and upon conviction thereof  shall be punished by
imprisonment in the county jail for six months or by a fine of not
less than five hundred dollars ($500) or more than one thousand
dollars ($1,000), or by both that fine and imprisonment, which
penalty shall not be suspended:
   (1) Forges, counterfeits, or falsifies any disabled person placard
or any comparable placard relating to parking privileges for
disabled persons provided for by any foreign jurisdiction, or forges,
counterfeits, or falsifies any disabled person placard with intent
to represent it as issued by the department.
   (2) Passes, or attempts to pass, as true and genuine, any false,
forged, or counterfeit disabled person placard knowing it to be
false, forged, or counterfeited.
   (3) Acquires, possesses, sells, or offers for sale a genuine or
counterfeit disabled person placard.
   (c) Every person who, with fraudulent intent, displays or causes
or permits to be displayed any forged, counterfeit, or false disabled
person placard, is guilty of a misdemeanor, and upon conviction
thereof shall be punished by imprisonment in the county jail for six
months or by a fine of not less than five hundred dollars ($500) or
more than one thousand dollars ($1,000), or by both that fine and
imprisonment, which penalty shall not be suspended.
   (d) For purposes of subdivision (b) or (c), "disabled person
placard" means a placard issued pursuant to Section 22511.55 or
22511.59.
  SEC. 4.  Section 5007 of the Vehicle Code is amended to read:
   5007.  (a) The department shall, upon application and without
additional fees, issue a special identification license plate or
plates to a disabled person or disabled veteran, pursuant to
procedures adopted by the department.
   (b) The special identification plates issued to a disabled person
or disabled veteran shall run in a regular numerical series which
shall include one or more unique two-letter codes reserved for
disabled person license plates or disabled veteran license plates.
The International Symbol of Access adopted pursuant to Section 3 of
Public Law 100-641 commonly known as the "wheelchair symbol" shall be
depicted on each plate.
   (c) (1) Prior to issuing any disabled person or disabled veteran a
special identification license plate, the department shall require
the submission of a certificate, in accordance with paragraph (2),
signed by the physician or surgeon substantiating the disability,
unless the applicant's disability is readily observable and
uncontested.  The disability of any person who has lost, or has lost
use of, one or more lower extremities or both hands, or who has
significant limitation in the use of lower extremities, may also be
certified by a licensed chiropractor.  The blindness of any applicant
shall be certified by a licensed physician or surgeon who
specializes in diseases of the eye or a licensed optometrist.
   (2) The physician or other person who signs a certificate
submitted under this subdivision shall retain information sufficient
to substantiate that certificate and, upon request of the department,
shall make that information available for inspection by the Medical
Board of California.
   (d) The special identification license plate shall, upon the death
of the disabled person or disabled veteran, be returned to the
department within 60 days or upon the expiration of the vehicle
registration, whichever occurs first.
  SEC. 5.  Section 22511.55 of the Vehicle Code is amended to read:
   22511.55.  (a) (1) Any disabled person or disabled veteran may
apply to the department for the issuance of a distinguishing placard.
  The placard may be used in lieu of the special identification
license plate or plates issued under Section 5007 for parking
purposes described in Section 22511.5 when suspended from the rear
view mirror or, if there is no rear view mirror, when displayed on
the dashboard of a vehicle.  It is the intent of the Legislature to
encourage the use of these distinguishing placards because they
provide law enforcement officers with a more readily recognizable
symbol for distinguishing vehicles qualified for the parking
privilege.  The placard shall be the size and color determined by the
department, shall bear the International Symbol of Access adopted
pursuant to Section 3 of Public Law 100-641, commonly known as the
"wheelchair symbol."  The department shall incorporate instructions
for the lawful use of a placard, and a summary of the penalties for
the unlawful use of a placard, into the identification card issued to
the placard owner.
   (2) (A) The department may establish procedures for the issuance
and renewal of the placards.  The placards shall have a fixed
expiration date of June 30 every two years.  Whenever any application
for a placard is submitted to the department on or after January 1
of the year of expiration, the fee shall be for the current and
subsequent renewal period.
   (B) As used in this section, "year" means the period between the
inclusive dates of July 1 through June 30.
   (C) Prior to the end of each year, the department shall, for the
most current three years available, compare its record of disability
placards issued against the records of the Bureau of Vital Statistics
of the State Department of Health Services, or its successor, and
withhold any renewal notices that otherwise would have been sent, for
any placard holders identified as deceased.
   (3) The fee for an original application or renewal application is
six dollars ($6).
   (4) Except as provided in paragraph (5), no person is eligible for
more than one placard at any time.
   (5) Organizations and agencies involved in the transportation of
disabled persons or disabled veterans may apply for a placard for
each vehicle used for the purpose of transporting disabled persons or
disabled veterans.
   (b) (1) Prior to issuing any disabled person or disabled veteran
an original distinguishing placard, the department shall require the
submission of a certificate, in accordance with paragraph (2), signed
by the physician or surgeon substantiating the disability, unless
the applicant's disability is readily observable and uncontested.
The disability of any person who has lost, or has lost use of, one or
more lower extremities or both hands, or who has significant
limitation in the use of lower extremities, may also be certified by
a licensed chiropractor.  The blindness of any applicant shall be
certified by a licensed physician or surgeon who specializes in
diseases of the eye or a licensed optometrist.  The physician or
person certifying the qualifying disability shall provide a full
description of the illness or disability on the form submitted to the
department.
   (2) The physician or other person who signs a certificate
submitted under this subdivision shall retain information sufficient
to substantiate that certificate and, upon request of the department,
shall make that information available for inspection by the Medical
Board of California.
   (3) The department shall maintain in its records all information
on an applicant's certification of permanent disability and shall
make that information available to eligible law enforcement or
parking control agencies upon a request pursuant to Section 22511.58.

   (c) (1) Any person who has been issued a distinguishing placard
pursuant to subdivision (a) may apply to the department for a
substitute placard without recertification of eligibility, if that
placard has been lost or stolen.
   (2) The fee for a substitute placard issued pursuant to paragraph
(1) is six dollars ($6).
   (d) The distinguishing placard shall be returned to the department
not later than 60 days after the death of the disabled person or
disabled veteran to whom the placard was issued.
  SEC. 6.  Section 22511.59 of the Vehicle Code is amended to read:
   22511.59.  (a) Upon receipt of the applications and documents
required by subdivisions (b), (c), or (d), the department shall issue
a temporary distinguishing placard bearing the International Symbol
of Access adopted pursuant to Section 3 of Public Law 100-641
commonly known as the "wheelchair symbol."  During the period for
which it is valid, the temporary distinguishing placard may be used
for the parking purposes described in Section 22511.5 in the same
manner as a distinguishing placard issued pursuant to Section
22511.55.
   (b) (1) Any person who is temporarily disabled for a period of not
more than six months may apply to the department for the issuance of
the temporary distinguishing placard described in subdivision (a).
   (2) Prior to issuing a placard pursuant to this subdivision, the
department shall require the submission of a certificate signed by a
physician or surgeon, as described in subdivision (b) of Section
22511.55, substantiating the temporary disability and stating the
date upon which the disability is expected to terminate.
   (3) The physician or other person who signs a certificate
submitted under this subdivision shall maintain information
sufficient to substantiate that certificate and, upon request of the
department, shall make that information available for inspection by
the Medical Board of California.
   (4) A placard issued pursuant to this subdivision shall expire not
later than 180 days from the date of issuance or upon the expected
termination date of the disability, as stated on the certificate
required by paragraph (2), whichever is less.
   (c) (1) Any disabled person or disabled veteran who is not a
resident of this state and plans to travel within the state may apply
to the department for the issuance of the temporary distinguishing
placard described in subdivision (a).
   (2) Prior to issuing a placard pursuant to this subdivision, the
department shall require certification of the disability, as
described in subdivision (b) of Section 22511.55.
   (3) The physician or other person who signs a certificate
submitted under this subdivision shall maintain information
sufficient to substantiate that certificate and, upon request of the
department, shall make that information available for inspection by
the Medical Board of California.
   (4) A placard issued pursuant to this subdivision shall expire not
later than 90 days from the date of issuance.
   (d) (1) Any disabled person or disabled veteran who has been
issued either a distinguishing placard pursuant to Section 22511.55
or special identification license plates pursuant to Section 5007,
but not both, may apply to the department for the issuance of the
temporary distinguishing placard for the purpose of travel described
in subdivision (a).
   (2) Prior to issuing a placard pursuant to this subdivision, the
department shall require the applicant to submit either the number
identifying the distinguishing placard issued pursuant to Section
22511.55 or the number on the special identification license plates.

   (3) A placard issued pursuant to this subdivision shall expire not
later than 30 days from the date of issuance.
   (e) The fee for a placard issued pursuant to this section is six
dollars ($6).
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
